Compliance may not be most people's favorite affiliate marketing topic, but some days the news is just too big not to share in the hopes of starting conversations. If you are in the PMA member Slack, you know that a couple of really interesting things...
On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting fake consumer reviews and testimonials by prohibiting their sale or purchase (the “Rule” or “Final Rule”). The long-awaited Rule allows the FTC to strengthen enforcement, seek monetary civil penalties against violators and deter AI-generated...
The Federal Trade Commission (FTC) has recently announced significant amendments to the Telemarketing Sales Rule (TSR), which came into effect in March 2024. These updates reflect the FTC’s ongoing efforts to combat fraudulent and abusive telemarketing practices while providing stronger protections for consumers and adapting...
Although it's only performance marketing adjacent, new warning letters sent to two trade associations and 12 influencers give us new insight into the way that the FTC is applying the recentlly updated disclosure standards (Guides Concernging the Use of Endorsements and Testimonials in Advertising). The...
Everyone knows that the FTC Endorsement Guides are a subject near and dear to my heart. As a lawyer-turned-affiliate marketer, they stand at the intersection of my two careers. It turns out, I'm not the only one who loves to study and discuss them--especially when...
In April 2021, the Federal Trade Commission asked Congress to pass legislation reviving the agency’s authority to return money to consumers harmed by law violations and keep illegal conduct from reoccurring. Testifying on behalf of the Commission, Acting FTC Chairwoman Rebecca Kelly Slaughter told a subcommittee...
President Biden is beginning to give some visibility into the changes he intends to make to the departments that enforce the laws that most closely impact performance marketing. His approach is first becoming clear at the two agencies most closely tied to performance marketing: the...
In light of the FTC's recent statement, "Regarding the Endorsement Guides Review," the PMA will be compiling member feedback to submit commentary to the FTC on the Endorsement Guidelines. Per their request for public comment (FTC Seeks Public Comment on Its Endorsement Guidelines), we will...
For years, attorneys practicing before the Federal Trade Commission have argued that the FTC routinely exceeds its statutory authority when it initiates federal court enforcement lawsuits. These arguments are finally gaining traction. First, the U.S. Court of Appeals for the Third Circuit in FTC v. Shire...
From the European Union General Data Protection Regulation (GDPR) and the Cambridge Analytica controversy, to California’s GDPR-like privacy law and other state legislative efforts, the year 2018 brought an unprecedented focus on consumer privacy, big data and compliance. Several states have either passed or bolstered cybersecurity...
Learn the basic disclosure requirements in influencer marketing in this whitepaper produced by the PMA Compliance Council. Free download....
Observations from the FTC's recent Twitter chat on influencer disclosure. ...